Environmental Justice And The Rights Of Unborn And Future Generations

Author : Laura Westra
Publisher : Routledge
Page : 346 pages
File Size : 53,9 Mb
Release : 2012-05-04
Category : Medical
ISBN : 9781136566790

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Environmental Justice and the Rights of Unborn and Future Generations by Laura Westra Pdf

The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.

Author : Laura Westra
Publisher : Unknown
Page : 345 pages
File Size : 46,6 Mb
Release : 2024-06-14
Category : Electronic
ISBN : 6000001584

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Environmental Justice and the Rights of Unborn and Future Generations by Laura Westra Pdf

The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.

Author : Laura Westra
Publisher : Earthscan
Page : 365 pages
File Size : 48,6 Mb
Release : 2012
Category : Law
ISBN : 9781849771177

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Environmental Justice and the Rights of Indigenous Peoples by Laura Westra Pdf

More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

Author : Laura Westra
Publisher : Earthscan
Page : 321 pages
File Size : 53,9 Mb
Release : 2009-09-02
Category : Law
ISBN : 9781849770088

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Environmental Justice and the Rights of Ecological Refugees by Laura Westra Pdf

Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether this be through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.

Author : Emmanuel Agius,Salvino Busuttil
Publisher : Routledge
Page : 227 pages
File Size : 49,8 Mb
Release : 2013-12-19
Category : Political Science
ISBN : 9781317971788

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Future Generations and International Law by Emmanuel Agius,Salvino Busuttil Pdf

Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997

Author : Laura Westra
Publisher : Routledge
Page : 345 pages
File Size : 53,5 Mb
Release : 2012-05-04
Category : Law
ISBN : 9781136566806

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Environmental Justice and the Rights of Unborn and Future Generations by Laura Westra Pdf

The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.

Author : Richard P. Hiskes
Publisher : Cambridge University Press
Page : 0 pages
File Size : 51,6 Mb
Release : 2008-12-08
Category : Philosophy
ISBN : 0521696143

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The Human Right to a Green Future by Richard P. Hiskes Pdf

This book presents an argument for environmental human rights as the basis of intergenerational environmental justice. It argues that the rights to clean air, water, and soil should be seen as the environmental human rights of both present and future generations. It presents several new conceptualizations central to the development of theories of both human rights and justice, including emergent human rights, reflexive reciprocity as the foundation of justice, and a communitarian foundation for human rights that both protects the rights of future generations and makes possible an international consensus on human rights, beginning with environmental human rights. In the process of making the case for environmental human rights, the book surveys and contributes to the entire fields of human rights theory and environmental justice.

Author : Ernest Partridge
Publisher : Unknown
Page : 342 pages
File Size : 46,9 Mb
Release : 1981
Category : Philosophy
ISBN : STANFORD:36105003213720

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Responsibilities to Future Generations by Ernest Partridge Pdf

Author : Randall S. Abate
Publisher : Cambridge University Press
Page : 261 pages
File Size : 45,8 Mb
Release : 2019-10-24
Category : Business & Economics
ISBN : 9781108480116

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Climate Change and the Voiceless by Randall S. Abate Pdf

Identifies the common vulnerabilities of the voiceless and demonstrates how the law can evolve to protect their interests more effectively.

Author : Dina L. Townsend
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 48,6 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781789905946

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Human Dignity and the Adjudication of Environmental Rights by Dina L. Townsend Pdf

Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.

Author : Wilfred Beckerman,Joanna Pasek
Publisher : Oxford University Press, USA
Page : 228 pages
File Size : 51,7 Mb
Release : 2001-05-03
Category : Language Arts & Disciplines
ISBN : 9780199245093

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Justice, Posterity, and the Environment by Wilfred Beckerman,Joanna Pasek Pdf

In rich countries, environmental problems are seen as problems of prosperity. In poor countries they are seen as problems of poverty. This is because the environmental problems in poor countries, such as lack of clean drinking water, are problems that affect them here and now, whereas in rich counties the environmental problems that people worry about, most are those that - largely as a result of current prosperity and economic growth - seem likely to harm mainly future generations.But what exactly are our obligations to future generations? Are these determined by their 'rights' or intergenerational justice, or equity, or 'sustainable development'? The first part of the book argues that none of these concepts provides any guidance, but that we still have a moral obligation to take account of the interests that future generations will have. And an appraisal of probable developments suggests that, while environmental problems have to be taken seriously, our main obligationto future generations is to bequeath to them a society in which there is greater respect for basic human rights than is the case today.Furthermore, generations are not homogeneous entities. Resources devoted to environmental protection cannot be used for, say, health care or education or housing, not to mention the urgent claims in poor countries for better food, sanitation, drinking water, shelter, and basic infrastructures to prevent or cure widespread disease. It cannot serve the interests of justice if the burden of protecting the environment for the benefit of posterity is born mainly by poorer people today.

Author : Klaus Mathis
Publisher : Springer Science & Business Media
Page : 240 pages
File Size : 52,6 Mb
Release : 2011-08-13
Category : Law
ISBN : 9400718691

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Efficiency, Sustainability, and Justice to Future Generations by Klaus Mathis Pdf

Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it “meets the needs of the present without compromising the ability of future generations to meet their own needs”. A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is the philosophical justification for intergenerational justice? What bearing does sustainability have on the efficiency principle? How do we put a policy of sustainability into practice, and what is the role of the law in doing so? The present volume is devoted to these questions. In Part One, “Law and Economics”, the role of economic analysis and efficiency in law is examined more closely. Part Two, “Law and Sustainability”, engages with the themes of sustainable development and justice to future generations. Finally, Part Three, “Law, Economics and Sustainability”, addresses the interrelationships between the different aspects.

Author : Joerg Chet Tremmel
Publisher : Earthscan
Page : 281 pages
File Size : 46,8 Mb
Release : 2009-12
Category : Law
ISBN : 9781849774369

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A Theory of Intergenerational Justice by Joerg Chet Tremmel Pdf

This highly accessible book provides an extensive and comprehensive overview of current research and theory about why and how we should protect future generations. It exposes how and why the interests of people today and those of future generations are often in conflict and what can be done. It rebuts critical concepts such as Parfits' non-identity paradox and Beckerman's denial of any possibility of intergenerational justice. The core of the book is the lucid application of a veil of ignorance to derive principles of intergenerational justice which show that our duties to posterity are stronger than is often supposed. Tremmel's approach demands that each generation both consider and improve the well-being of future generations. To measure the well-being of future generations Tremmel employs the Human Development Index rather than the metrics of utilitarian subjective happiness. The book thus answers in detailed, concrete terms the two most important questions of every theory of intergenerational justice: what to sustain? and how much to sustain?

Author : Erkki J. Hollo,Kati Kulovesi,Michael Mehling
Publisher : Springer Science & Business Media
Page : 693 pages
File Size : 41,5 Mb
Release : 2012-12-04
Category : Law
ISBN : 9789400754409

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Climate Change and the Law by Erkki J. Hollo,Kati Kulovesi,Michael Mehling Pdf

Climate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives. In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and practical framework dedicated to climate change has embraced new instruments and softened traditional boundaries between formal and informal, public and private, substantive and procedural; so ubiquitous is the reach of relevant rules nowadays that scholars routinely devote attention to the intersection of climate change and more established fields of legal study, such as international trade law. Climate Change and the Law explores the rich diversity of international, regional, national, sub-national and transnational legal responses to climate change. Is climate law emerging as a new legal discipline? If so, what shared objectives and concepts define it? How does climate law relate to other areas of law? Such questions lie at the heart of this new book, whose thirty chapters cover doctrinal questions as well as a range of thematic and regional case studies. As Christiana Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), states in her preface, these chapters collectively provide a “review of the emergence of a new discipline, its core principles and legal techniques, and its relationship and potential interaction with other disciplines.”

Author : Burns H. Weston,David Bollier
Publisher : Cambridge University Press
Page : 391 pages
File Size : 46,8 Mb
Release : 2013-01-21
Category : Business & Economics
ISBN : 9781107034365

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Green Governance by Burns H. Weston,David Bollier Pdf

The vast majority of the world's scientists agree: we have reached a point in history where we are in grave danger of destroying Earth's life-sustaining capacity. But our attempts to protect natural ecosystems are increasingly ineffective because our very conception of the problem is limited; we treat "the environment" as its own separate realm, taking for granted prevailing but outmoded conceptions of economics, national sovereignty, and international law. Green Governance is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. It opens the door to a new set of solutions by proposing a compelling new synthesis of environmental protection based on broader notions of economics and human rights and on commons-based governance. Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.